Falling Merchandise Accidents at Home Depot

The Datny Law Firm in Boca Raton, Wellington, Winter Park – Orlando, Florida has extensive experience representing victims hurt by falling merchandise at Home Depot throughout the State of Florida. Home Depot is the world’s largest home improvement retailer with over 2,000 warehouse style stores in the United States and 158 in Florida. The average store is over 105,000 square feet and contains more than 1,000,000 different products ranging from nails/screws, hammers and other tools, tile, wood flooring, doors, appliances, heavy equipment and even truck rentals.  The aforementioned merchandise, appliances, tools and equipment are stored on oversized shelves, stacked on the floor in aisles or on pallets and even 30 feet high creating a potentially dangerous environment for customers if proper safety protocols are not followed. Unfortunately, too often merchandise at Home Depot is not stored safely resulting in products falling on customers causing serious injuries including traumatic brain injuries, fractures, neck/back disc herniations and even shoulder tears. When this happens due to no fault of your own, The Datny Law Firm is here to hold Home Depot accountable by getting you the compensation you need for medical treatment, lost wages, pain and suffering. To speak directly with our Home Depot Accident Lawyer, call 561-221-7474. Consultations are always FREE.

Liability for Falling Merchandise at Home Depot

Warehouse stores like Home Depot utilize “high stacking” to get more merchandise on the store’s floor. Some of this merchandise is stacked on shelves as high as 30 feet. The downside of “high stacking” is that sometimes products are not properly secured, and fall to the floor, occasionally hitting people who are in the area. Home Depot has a duty under the law to ensure its store is safe and that merchandise is properly stored, stacked and secured so that nothing falls and injures customers or employees. When it fails to provide a safe environment for customers and employees, it may be held liable in negligence for all damages causally related. 

Examples of Home Depot’s negligence when it comes to stacking merchandise including improperly securing product or equipment, stacking merchandise too high, stacking product in a trap like manner, failing to stabilize stacked merchandise, failing to use safety devices (e.g., shrink wrap, toe bars, guardrails, retaining or safety wires), etc. Home Depot can also be negligent for failing to inspect shelving units or pallets for safety as well as compliance with policies/procedures pertaining to storage of merchandise (e.g., inspecting the pallets themselves for integrity, ensuring merchandise on pallets is stacked appropriately, ensuring elevated merchandise is shrink-wrapped, inspecting shelves to ensure they are not overloaded and are otherwise secure/reinforced, etc.) Finally, Home Depot can be negligent for have inadequate safety standards for merchandise stacking and/or failing to follow internal policies or procedures for stacking/securing merchandise and/or deviating from accepted industry standards for stacking/securing merchandise. 

These are just a few examples of ways Home Depot may be negligent with regard to falling merchandise accidents. However, every case is different and must be evaluated according to its own unique facts and circumstances. For a FREE consultation, do not hesitate to call 561-221-7474 to speak directly with our Home Depot Accident Lawyer. 

Causes of Falling Merchandise Accidents at Home Depot

Some of the most common reasons merchandise falls at Home Depot are listed below; however, in our experience the root cause of these hazardous and trap like conditions is negligent management, supervision and training of employees by Home Depot. Employees at Home Depot that fail to comply with internal guidelines for storing, stacking, securing elevated merchandise, equipment and product create an unnecessarily dangerous environment for customers that too often results in otherwise avoidable injuries. 

• • Improper stacking
    • • merchandise stacked too high
      • placing heavy items on top of lighter ones which may result in merchandise collapsing and falling
      • stacking merchandise vertically instead of horizontally on its side which may result in merchandise sliding free.
  • Unsecured merchandise (no safety cords, no toe bars, not shrink wrapped)
  • Broken/defective pallets including reuse of old, worn and damaged pallets
  • Unsecured pallets including pallets without pallet stacking frames or stacking racks for stabilization resulting in falling merchandise
  • Unsupported/inadequate shelving
  • Lack of safety features or use of inadequate safety features
  • Noncompliance with safety standards or deviation from internal guidelines for storing, stacking, securing elevated merchandise, equipment and product
  • Untrained/incompetent/inexperienced employees

Injuries from Falling Merchandise Accidents at Home Depot

The most common personal injuries that occur in a Florida Home Depot include:

• • Traumatic Brain Injury (TBI) from being hit in the head by falling product, merchandise or equipment at Home Depot.  
  • Memory Loss following injury to the head from falling product at Home Depot.
  • Headaches, Dizziness, Fatigue, Irritability, Anxiety, Sleep Disorder, Loss of Concentration and Memory following injury to the head from falling merchandise at Home Depot.
  • Tinnitus (ringing in the ears secondary to blunt force trauma to the head)
  • Blurred/Double Vision, difficulty with eye movement, focus and tracking following trauma to the head from falling merchandise at Home Depot.
  • Post Traumatic Stress Disorder
  • Post Concussive Syndrome
  • Cervical Disc Injuries (herniated/bulging discs)
  • Lumbar Disc Injuries (herniated/bulging discs)
  • Fracture
  • Lacerations, abrasions, scarring
  • Shoulder tears
  • Knee tears

Damages You May Recover for Falling Merchandise Injuries at Home Depot

Following a Home Depot accident in Florida, there are several different types of damages a victim can recover including:

• • Medical expenses ranging from hospital bills, ambulance bills, emergency room doctor bills, chiropractic bills, physical therapy bills, pain management bills, surgery bills, etc.
  • Future medical expenses for injuries related to the accident such as maintenance therapy, diagnostic monitoring, pain management, surgery, etc.
  • Lost earnings for missed time due to the accident.
  • Future lost earnings for inability to return to work due to accident related injuries or reduced earning capacity.
  • Pain and suffering, mental or emotional distress, loss of enjoyment of life. 

What damages you are entitled to recover following a Home Depot accident, and how much, is determined on a case by case basis. Give us a call at 561-221-7474 for a free case evaluation with appraisal of your damages case. 

Limitations on Falling Merchandise Claims Against Home Depot

One of the most important limitations on a personal injury accident in Florida caused by falling merchandise at Home Depot is the Statute of Limitations. For Home Depot accidents that occurred in Florida before March 24, 2023, the time period to file your case in Court is 4 years. However, for all Home Depot accidents that occurred in Florida on or after March 24, 2023, the time period to file your case in Court is 2. The change in the Statute of Limitations is due to Tort Reform legislation signed by Gov DeSantis on March 24, 2023.  

The new Tort Reform law also changed Florida’s comparative negligence standard of fault which may significantly impact your claim against Home Depot whether involving falling merchandise, slip and fall, trip and fall, truck accident, etc. Under the new law, Florida is now a modified contributory negligence state, which means if the injured accident victim is found 50% or more at fault, he or she is precluded from recovering anything. They will get nothing. Previously, the claimant would be entitled to recover reduced damages so long as they were at least 1% free from fault. 

As you can see, time is of the essence after a Home Depot accident. You have less time than ever before to file a personal injury action in Florida, which means there is no room for delay. Moreover, to avoid being on the wrong side of Florida’s new comparative negligence standard, it is important to immediately gather and preserve all evidence of the accident and Home Depot’s responsibility for the same. Failure to timely collect and preserve such evidence (e.g., photos, videos, statements, witnesses), may be the difference between whether you are able to recover or note. Do not prejudice your own case by waiting too long to seek justice or get the legal representation you need from a Home Depot Accident Lawyer in Florida like David B. Datny.

What NOT to do after a Home Depot Accident in Florida

As important it is to know what steps to take after a Home Depot Accident in Florida, it is equally important to know what NOT to do. First, never take responsibility for causing or contributing to your accident as you may not have all the facts and information necessary to truly understand what happened. Second, do not voluntarily give a recorded statement or interview to Sedgwick or Home Depot. Third, do not give authorization to Sedgwick or Home Depot to get your medical records, employment records or tax forms directly. Fourth, do not voluntarily agree to be examined prior to litigation by a doctor on behalf of Home Depot. Fifth, do not interact with Sedgwick adjusters on behalf of Home Depot or store management/employees after your accident. Sixth, never accept money or gift cards from Sedgwick or Home Depot after your accident or sign a Release without consulting an experienced Home Depot Accident Lawyer like David B. Datny. 

FREE Case Review

If you have been hurt by falling merchandise, product or equipment at Home Depot, and are being inundated with calls from Sedgwick/Home Depot to try and end your claim before you even know what it is worth, you need Datny Law. We will protect you from being harassed by Sedgwick/Home Depot so you can focus on treating and recovering physically. We will also relentlessly prosecute your claim and seek to maximize your financial recovery. 

For a FREE case review, give us a call at 561-221-7474. We will meet with you in person, on the telephone or via video conferencing. We can even send someone to you if you cannot come to our office. We proudly represent Home Depot Accident victims throughout Florida ranging from Key West to Miami to Fort Myers to Boca Raton to West Palm Beach all the way to Orlando and Tampa and everywhere in between. Remember, there is no fee unless we settle your case.